To claim alimony the expenses done in the marriage by you are also to be borne in mind and as of now if you have decided to move out of the wedlock then ask your sister to come back to her maternal home and then file a case under section 13(2) of the marriage act. How much alimony is to be claimed can only be told after seeing other circumstances asto the amount of property the hisband has and the expenses made on marriage.

The amount of alimony claimed differs from what court gives.

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Regards

1. The appearance of name in the title deed of the proeprty makes the person its joint owner.

.2.So in this case the wife is joint owner of those flats making her entitled to half share in the same.

3. The children being infant your sister would be preferred to keep those with her.

wife can claim maintenance of around Rs 25000 per month for herself and 2 children

2) she should claim one property from husband for herself and children

3) divorce by mutual consent is best option

Madam, extra marital affair by husband is a punishable criminal offence. You also can think of taking it as criminal case. So, you have strong ground to apply for divorce. About alumini and share, there are different judgments across high courts in india. It may be early to comment on that. You can be in touch with me.

Thanks,

Adv.Niranjan,

Mobile/whatsapp - .

If your sister plans to dissolve the marriage by a decree of divorce, she can very well proceed on the grounds of adultery but she has to implead the adulterer as a second respondent and also substantial evidence to prove his adulterous life.

As a alimony she can claim at least half of his salary towrds her and the children, the court may grant up to 1/3rd of his salary provided she is unemployed and has no source of income to sustain her life and the expenses thereon.

She can claim half share in the property to which she is a joint owner and not in the property that is fully owned by him alone.